Parcel 104 & 704MEMORANDUM
RECEIVED
MAR 2 2 2000
Board of Count~ Co~f$sioner$
TO:
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
FROM: ERNIE W. KERSKIE, REAL PROPERTY SPECIALIST II ~,~V---
REAL PROPERTY MANAGEMENT DEPARTMENT
DATE: MARCH 22, 2000
RE:
PINE RIDGE ROAD WIDENING PROJECT
COLLIER COUNTY PROJECT NO. 60111
PARCEL:S 104 & 704 / SCHOOL BOARD OF COLLIER COUNTY
Attached you will find one (1) Purchase Agreement for execution by Chairman
Timothy J. Constantine concerning the above transaction. Please be advised
that Robert Zachary, Assistant County Attorney and Micah Massaquoi have both
reviewed and approved the attached document.
The Board of County Commissioners of Collier County, Florida approved the
acquisition by gift, purchase or condemnation in Resolution 99-384, Item
8(d)(1), dated September 28, 1999.
Once the Agreement has been executed, please forward same to Ellie Hoffman,
Records Technician Ill, Minutes and Records Management, for attestation by the
Clerk to the Board. Ms. Hoffman will then call me at extension 8991 for pick-up
of the original document so that I may record.
Thank you. ~
Attachment as stated
PROJECT: Pine Ridge Road
PARCEL: 104 & 704
FOLIO: 00255120007
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between THE SCHOOL BOARD OF COLLIER COUNTY,
FLORIDA, (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns, (hereinafter referred to
as the "Purchaser");
WHEREAS, the Purchaser requires a fee estate in that land described in Exhibit
"A", which is attached hereto and made a part of this Agreement, for road, utility,
drainage, sidewalk and maintenance purposes; and
WHEREAS, the Purchaser requires certain lands as described in Exhibit "B",
which is attached hereto and made a part of this Agreement, for a Temporary Driveway
Restoration Easement; and
WHEREAS, the Owner desires to convey the above referenced lands (hereinafter
collectively referred to as "Properties") for the stated purposes, under the terms and
conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for certain
improvements and conveyance of the Properties;
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Properties to Purchaser in exchange for the sum of
$8,944, broken down as follows:
Fee Simple Parcel 104 (via Special Warranty Deed) $8,544.00
Temporary Driveway Restoration Easement Parcel 704 $ 400.00
TOTAL: $8,944.00
The Owner accepts the above compensation as full payment for the Property interests
taken and for any damages resulting to the remainder, if less than the entire property
was taken and for all other damages in connection with said Properties.
2. Purchaser shall pay Owner compensation for improvements (asphalt
pavement and concrete island curb) in the sum of $1,800.00
3. Purchaser shall pay Owner for the Properties and improvements by County
Warrant.
4. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and that, therefore, said closing shall occur within sixty (60) days of the
execution of this Agreement by Purchaser. At closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the required conveyance documents
to Purchaser in a form acceptable to Purchaser. Owner shall remove, within forty-five
(45) days after closing, any and all property, goods and chattels which are located on
the Properties. Purchaser shall provide a list of items to be removed, if any, at closing.
Owner shall indemnify and hold Purchaser harmless from any costs in connection with
the relocation of the identified items.
5. Owner shall pay its pro-rata share of taxes, assessments, or other term
expenses of the Properties, if applicable, through the day before the closing.
6. Owner shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications except for matters of record. Marketable title shall be
determined according to applicable title standards adopted by the Florida Bar and in
accordance with law. If title is found unmarketable, Purchaser shall have no obligation
to purchase the property. Owner shall not be required to correct any defects in title.
7. Conveyance of the Properties, or any interest in the Properties, by the Owner
is contingent upon no other provisions, conditions, or premises other than those so
stated above; and this written agreement, including all exhibits attached hereto, shall
constitute the entire agreement and understanding of the parties, and there are no
other prior or contemporaneous written or oral agreements, undertakings, promises,
warranties, or covenants not contained herein.
8. Owner is aware and understands that the "offer" to purchase represented by
this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
9. The Purchaser shall pay for all costs of recording the conveyance documents
and all other costs associated with this transaction including, but not limited to, transfer,
documentary and intangible taxes, and costs for any curative instruments. Owner shall
be responsible for paying any costs and/or fees associated with the obtaining and
recording of a Subordination, Consent & Joinder of Easement and/or Partial Release of
the mortgage(s) recorded against the Properties from the mortgagee(s). The cost of a
title commitment shall be paid by Purchaser.
10. If the Owner holds the Properties in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever for
others, Owner shall make a written public disclosure, according to Chapter 286, Florida
Statutes, under oath, of the name and address of every person having a beneficial
interest in the Properties before the Properties held in such capacity is conveyed to
Purchaser. (If the corporation is registered with the Federal Securities Exchange
Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for
sale to the general public, it is hereby exempt from the provisions of Chapter 286,
Florida Statutes.)
11. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
12. This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit of and
be binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustee, and assignees whenever the context
so requires or admits.
Dated Project/Acquisition Approved by
BCC: September 28, 1999, Resolution 99-384, Item 8(D)1
AS TO PURCHASER:
DATED: -~/)'~ i 1~)
ATTEST:
DWIGHT E. BROCK, Clerk
~ ~"~':'" J~" ~"~-; ~, Deputy Clerk
'Attest :is' toi Cha'irman's
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TIMOTHY J. CONSTANTIklE ,/CHAIFi~AN
AS TO OWNER:
) (s,~.~u~), /
(S'gnature)
(Printed Name)
Superintendent of Schools and
Ex-Officio Secretary
(Print Name)
THE SCHOOL BOARD OF COLLIER
COUNTY, FLORIDA
BAR~AIS,,~,-,j. C,H/RC"FI', ~HAIR
Approved as to form and
R(Jbert Za(J-hary
Assistant County Attorney
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, .FLORIDA 34112
(94 I) 774-8 ! 92
<~age ! _ of I
LEGAl. DESCRIPTION (NOT A SURVEY)
PROJECT NO..6011 i
PARCEL NO... 104-
FOLIO NO... 0o~ 5.~ t 20007
A PORTION OF LAND LYING IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS;
THE NORTH 10 FEET OF THE SOIYFIt 85 FEET OF THE EAST HALF OF THE EAST HALF
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; TOGETHER WITH,
THE NORTH 10 FEET OF THE SOUTH 85 FEET OF THE WEST HALF OF THE WEST HALF
OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, ALL IN SAID SECTION
12, TOWNSHIP 49 SOUTH, RANGE 25 EAST.
CONTAINING 4667 SQUARE FEET MORE OR LESS.
Parcel No. 104
bob/p, g, llgld.071
"GEORGE R, RICHMOND ''
PROFESSIONAL LAND SURVEYORFL. REG. # 2~406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 341 '12'
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI 'I'I~.AIL NAPLES, FLORIDA 34112
(941 ) 77,1-8192
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO..b01
I'A RC!~.L NO...
FOLIO NO...
TEMPORARY DRIVEWAY
RESTORATION EASEblENT
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 12, TOWNSItlP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, AND BEING MORE PARTICULAR DESCRIBED AS FOLLOWS:
THE EAST 50 FEET OF THE NORTH 35 FEET OF THE SOUTH 120 FEET OF THE EAST HALF OF
THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 12;
CONTAINING 1750 SQUARE FEET MORE OR LESS, TOGETHER WITH
THE WEST 50 FEET OF THE NORTH 35 FEET OF THE SOUTH 120 FEET OF THE WEST HALF OF
THE WEST HALF OF THE SOUTHWEST QUARTER OF TtlE SOUTItEAST QUARTER OF SAID
SECTION 12.
CONTAINING 1750 SQUARE FEET MORE OR LESS.
PARCEL 704
' J ' ,- . . /j~ ~....
"~ GEORGE R. RICHMOND
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT. !
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112
TO:
FROM:
DATE:
MEMORANDUM
Ellie Hoffman
Deputy Clerk
Minutes & Records Management
Ernie W. Kerskie .:'.,;'/---
Real Property Specialist
Real Property Management Department
April 5, 2000
Pine Ridge Road Widening Project
Parcel 104 & 704 / School Board of Collier County, Florida
Please find attached one (1) original recorded Special Warranty Deed and (1) original
recorded Temporary Driveway Restoration Easement.
The Board of County Commissioners of Collier County, Florida
recordation of same by Resolution 99-384, approved September 28,
8(D)l.
approved the
1999 by Item
Please contact me if you have any questions or comments at Ext-8991.
Thank you.
attachments as stated
cc:
Micah Massaquoi, Project Manager, PWED
Tax Appraiser's Office w/attachment
Tax Collector's Office w/attachment (of warranty deed only)
Inventory File w/attachment
PROJECT:
PARCEL:
FOLIO:
Pine Ridge
104
00255120007
2613567 OR: 2657 PG: 1228
RECORDED in OFFICIAL RBCORDS of COLLIBR COUNTY,
03/30/2000 at 11:30AM DWIGHT E, BROCK, CLBRK
CONS I0341.00
R~C PEE 15.00
COPIg8 3.00
Retn:
EXT 8991
SPECIAL
WARRANTY DEED
.,THIS SPECIAL WARRANTY DEED made this day of
./",~_~/"/ , 2000, by THE SCHOOL BOARD OF COLLIER COUNTY,
FLORIDA. whosfe mailing address is 3710 Estey Avenue, Naples, FL 34104
(hereinafter called the Grantor), to COLLIER COUNTY, a political subdivision of the
State of Florida, its successors and assigns, whose post office address is 3301
Tamiami Trail East, Naples, Florida, 34112 (hereinafter called the Grantee).
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and
assigns.)
WlTNESSETH: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit:
See Attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
THE ABOVE PROPERTY SHALL BE USED FOR THE WIDENING OF PINE RIDGE
ROAD SO THAT GRANTOR RETAINS ACCESS TO PINE RIDGE ROAD FROM ITS
PROPERTY.
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby warrants the title to said land against
acts of Grantor and will defend the same against the lawful claims of all persons,
claiming by, through or under Grantor.
This property has been acquired under
threat of condemnation and is exempt from
documentary stamp tax
THIS CONVEYANCE ACCEPTED
BOARD OF COU~FFY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO.
OR: 2657 PG: 1229
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
t~
(Print or Type)
THE SCHOOL BOARD OF COLLIER
CO,U~,,.N~Y, FLORIDA ,
~Y~: I~ar"b~ra~J.' Urc"~h, Chair
;?
Superintendent of Schools and
Ex-Officio Secretary
(Print Name)
STATE OF~~L
cou. ,c
TF~f~ Warranty Deed was acknowledged before me this day of
. . 2000, by Barbara J. Church, as Chair of THE SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA, on behalf of The School Board of Collier County,
Florida w_ho is personall}, k_0own. to me or who has producedas
identificatibn.
(affix notarial seal)
( Print name of Notary Public)
NOTARY PUBLIC
Serial/Commission # · if any
My Commission Expires:
Prepared by:.
Ro, bert N. Zachary, Esquire
Office of the County Attorney
8304 East Tamlaml Trail
Naples, Florida 34112
(,341) 774-8400
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, .FLORIDA 34112
(941) 774-8192
<~age I of.._L..
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO..6011 I
PARCEL NO... 104-
FOLIO NO... 0o ~ 5 ~ I 2 0oo7
~-E~ ~/,AAPLI~ TiTbi~
A PORTION OF LAND LYING IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS;
THE NORTH 10 FEET OF THE SOU'Ill 85 FEET OF THE EAST HALF OF THE EAST HALF
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; TOOETHER WITH,
THE NORTH 10 FEET OF THE SOUTH 85 FEET OF THE WEST HALF OF THE WEST HALF
OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, ALL IN SAID SECTION
12, TOWNSHIP 49 SOUTH, RANGE 25 EAST.
CONTAINING 4667 SQUARE FEET MORE OR LESS.
Parcel No. 104
boblpl$11gld.O? I
PROFESSIONAL LAND SURVEYoR:FL. REG. # 2~406
PUBLIC WORKS ENGINEERING DEPARTMENTj
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112' .
PROJECT: Pine Ridge Road
PARCEL: 704
FOLIO: 00255120007
TEMPORARY DRIVEWAY RESTORATION EASEMENT
THISEASEMENTgrantedthis /~' dayof i~¢~--- ,2000, byTHE
SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, whose mailing address is 3710
Estey Avenue, Naples, Florida 34104, as Grantor, to COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors or assigns.)
WITNESSETH That the Grantor, for and in consideration of the sum of Ten Dollars
($10.00) and other valuable consideration paid by the Grantee, receipt of which is
hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a
Temporary Driveway Restoration Easement to enter upon the lands described as follows
(the "Easement Area"):
See attached Exhibit "A", which is
incorporated herein by reference.
The Easement Area shall be used by Grantee for the purpose of filling, grading
and placing concrete, asphalt or rock, on the Grantoffs lands for the purpose(s) of
constructing, with materials of like kind, a driveway/turnout and/or to provide for
continuous transition between the existing driveway and the newly constructed road,
sidewalk, and drainage improvements on Pine Ridge Road. Grantor shall retain access
to its land during the period of this easement and Grantee shall take reasonable
precautions to preserve access. This Temporary Driveway Restoration Easement shall
expire upon completion of construction or September 30, 2002, whichever occurs first.
However, if construction is not completed by September 30, 2002, this Temporary
Driveway Restoration Easement shall automatically extend to September 30, 2003.
Grantee shall use its best efforts to restore the existing landscaping, plantings and light
fixtures within the Easement Area to its original condition. Grantor and Grantee are
used for singular or plural, as the context requires.
THIS IS NOT HOMESTEAD PROPERTY
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be
executed the day and year first above written.
(P[int or T p ~ ,
(Print or Type)
THE SCHOOL BOARD OF COLLIER
CO U NT~Y, FLORIDA
~ ' . ;hlj;F~;~,, ~;~ir.
This property has/been acquired under
threat of condemnation and is exempt from
dooum ry stamp tar
'TRi~"'-~0NV£YANCE!r~CCEPTED~BY'THE
BOARD OF COUNTY COMMISSIONERS,
COlLiER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
~F RESOLUTION NO.
OR: 2657 PG: 1232
Temporary Driveway Restoration Easement
Page 2
Superintendent of Schools and
ExoOfficio Secretary
(Print Name)
STATE OF ~"~'~
COUNTY OF
The foreg(;ing Temporary, Drive/way Restoration Easement was acknowledged before
me this /~ day of/~~000, by Barbara J. Church, as Chairman of THE
SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, on behalf of The School Board of
Collier Coun.ty, Floridawho is personally known to me or who has
produced /<",'?,,./'I,,,.~,Nas identification.
(affix notarial seal)
( Print name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: if any
My Commission Expires:
Prepared by:
Ro~)ert N. Zachary, Esquire
Office of the County Attorney
3301 East Tamlami Trail
Naples, Florida 34112
(941) 774-8400
3301
PUBLIC WORKS ENGINEERING DEPARTMENT
EAST TAIVlIAIVll TRAIl. NAPLES, FLORIDA 34112
(941 ) 774-8192
EXHIBIT
LEGAL DESCRIPTION (NOT A SURVEY)
PROJliCT HO..601
PARCEL NO...
FOLIO NO...
TEMPORARY DRIVEWAY
RESTORATION EASEMENT
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, AND BEING MORE PARTICULAR DESCRIBED AS FOLLOWS:
THE EAST 50 FEET OF THE NORTH 35 FEET OF THE SOUTH 120 FEET OF THE EAST HALF OF
THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTtIWEST QUARTER OF SAID
SECTION12;
CONTAINING 1750 SQUARE FEET MORE OR LESS, TOGETHER WITH
THE WEST 50 FEET OF THE NORTH 35 FEET OF THE SOUTH 120 FEET OF THE WEST HALF OF
THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTItEAST QUARTER OF SAID
SECTION 12.
CONTAINING 1750 SQUARE FEET MORE OR LESS.
PARCEL 704
GEORGE R. RICHMOND
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT. !
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112